Jeffrey Segal, MD, JD - Medical Justice

Preaching to the Choir About Healthcare Reform

August 15, 2024November 7, 2009 by Jeffrey Segal, MD, JD

The entire nation is still ablaze, talking about the healthcare reform bills. Some of the fire has been lost, owing to the way that things aren’t materializing in D.C., but the subject remains a hot topic. We within the medical profession engage loudly these days, and mostly in solidarity. The one point we’re most clear about is that any real reform MUST include a way to stop doctors from being sued just because people hope to score a jackpot judgment. We have talked about it, blogged about it, YouTube’d about it, Tweeted about it… but almost always to our peers, to each other.

It’s time to stop preaching to the choir. This message needs to get out further. Handing it to Washington, D.C. isn’t the answer. That’s already been done, and the politicians have largely – and conveniently – ignored it, (presumably because so many of their peers and cronies are lawyers making large bank on the problem.) The White House’s hand-picked, head-bobbing yes-men made their Dog & Pony Show appearance on the lawn, but nobody bought that one. What it’s going to take is for the everyman, our patients, to recognize how much those frivolous lawsuits are costing them, both financially and in terms of the quality of care we’re able to provide. Then perhaps their voices will rise up and Congress will have no choice but to address the issue.

Apology Laws: A Variety of Approaches to Discussing Adverse

August 15, 2024November 1, 2009 by Jeffrey Segal, MD, JD

American Health Lawyers Association November 2009, Vol 13, Issue 11 By: Jeffrey Segal, MD, JD, FACS; Michael J. Sacopulos, JD © 2009 American Health Lawyers Association Suite 600, 1025 Connecticut Avenue NW Washington, DC 20036-5405 Phone: 202-833-1100 Fax: 202-833-1105 Download ahla_and_im_sorry_laws_AC_Nov09

Harry Reid, Hero or Public Enemy #1?

August 15, 2024October 27, 2009 by Jeffrey Segal, MD, JD

You may want to take a seat and a few deep breaths before reading this: Harry Reid, Senate Majority Leader, was quoted by the Las Vegas Review-Journal as saying that doctors should “stop whining about this and just take care of their patients.” What is the “this” that Senator Reid says physicians are whining about? A place at the table in pounding out the details of the impending healthcare reform.

Of course, good Senator Reid! Why would a physician have any business having a say in something like that? You lawyers and politicians have it all down pat, right? Or, as is more likely, you’re busy defending the interests of your frivolous lawsuit cronies, and all these pesky doctors are getting in the way of your plans. What would physicians know about what healthcare may need? After all, they and their staffs are just working in the trenches and on the front line every day, spending their entire lives healing people. How could that possibly compare to the wisdom of an attorney/politician and a Washington three-cocktail lunch?

“What You Can Do For Your Country!”

August 15, 2024October 20, 2009 by Jeffrey Segal, MD, JD

When JFK made that famous inaugural speech on January 20, 1961, he probably wasn’t thinking of the healthcare reform issues which would come to a head nearly 50 years later. Nevertheless, “Ask not what your country can do for you, but what you can do for your country” still rings true today.

When Barack Obama took office 48 years later, in his inaugural speech, he told us something similar. He said that the government would not make the changes for us, but that it would help us make them for ourselves. This universal truth holds strong throughout all of our lives. Others may help us, but the change must begin with us, and it is we who must see those changes through to complete fruition.

Anything For a Buck! “The following illustrates why members of the public may hold cynical views of the legal profession.”

August 15, 2024October 14, 2009 by Jeffrey Segal, MD, JD

A recent case that appeared before New York Supreme Court Justice Emily Jane Goodman demonstrates the true motive, method and means behind plaintiff attorneys and lawsuits.

For background; a patient, Victoria Kremen, had a double mastectomy after an alleged misdiagnosis of breast cancer. She hired a law firm to sue the physician, but the case was dismissed because the law firm she hired apparently missed the deadline for filing within the 2.5 year statute of limitations. Then the patient sued the law firm for malpractice, in that they missed the filing date.

Originally she was awarded judgment, but lost on appeal. In that ruling, the judge stated that she had not diligently pursued her own medical malpractice claim. So the suit against the law firm was dismissed. But wait, it gets better! The law firm then counter-sued the patient, asking for $6,000 in fees, amounts billable to the case that they lost. Justice Goodman heard the case. Her ruling includes “The following illustrates why members of the public may hold cynical views of the legal profession.” She went on to categorize the case against their former client as “nonsensical and frivolous”. Thank you, Justice Goodman.

Medical Self-Diagnosis; Fool for a Patient and a Dangerous Amount of Knowledge

August 15, 2024October 13, 2009 by Jeffrey Segal, MD, JD

There’s an old adage: The doctor who treats himself has a fool for a patient. That’s doubly true of the patient who treats himself. There’s nothing at all wrong with everyone being well-versed in a variety of subjects, including health care. So what’s the issue? At the bottom line, it’s a matter of objectivity.

A physician considers the patient’s input invaluable to diagnosis and treatment. The patient knows what feels how, where and when, knows when his or her body is “off,” and that helps doctors form a diagnosis. It’s also regularly true that the symptom can be caused by something seemingly removed and unrelated. The correct diagnosis is possible because of the doctor’s training, intuition, and ability to remain objective. If a physician were to only look in the direction the patient suggests, accurate diagnosis would be very difficult indeed.

Sugar Tax?

August 15, 2024October 8, 2009 by Jeffrey Segal, MD, JD

Several possible “remedies” have been suggested to help fund healthcare reform. Proposals include a tax on soft drinks and other high-carbohydrate foodstuffs. Wouldn’t this have the added benefit of curbing the American habit of consuming the junk that leads to obesity and diabetes? At first glance, that may seem like a reasonable proposal, but there are some very big issues beneath such a tactic.

Why not move a step closer to the source and impose that tax on sugar and corn syrups when they are manufactured (or when sold to the ‘junk’ food manufacturers)? This would be more efficient to administer and easier to collect. But how would we be assured that the funds created by such a move go directly to lowering health insurance costs? Generally speaking, funds generated by such plans are easily diverted.

Doctors & The Free Market System

August 15, 2024September 29, 2009 by Jeffrey Segal, MD, JD

We all know that when supply increases, prices go down and, of course, that product is more readily available. If there’s a glut of potatoes, chances are good that the grocery stores are going to have a sale on them, offering substantial savings. Conversely, when there is limited supply of something, prices go up and fewer people can have that item. (The iPhone comes to mind. By limiting its availability, they’ve made the things wildly popular, desirable, and profitable. )

As we consider ways to improve health care and its costs in this country, perhaps we should be thinking of physicians as the valuable economic resource to society that they are. We clearly have an impending shortage of physicians to address the demographic tsunami – Baby Boomers entering Medicare age. And the lead time to train adequate capable physicians to address this trend is measured in years, not months. The fewer physicians available to take care of the public, the more expensive care will be. We should be doing all we can to make the practice of medicine inviting, so there are enough talented individuals to deliver care…. Makes sense, doesn’t it?

Your Reputation On the Line

August 15, 2024September 29, 2009 by Jeffrey Segal, MD, JD

FMA Magazine Fall Volume 2009, Number 4; Pages 26 to 29 By: Jeffrey Segal, MD, JD, FACS

Demands For Refunds on Dental Work? Yes, they ARE serious!

August 15, 2024September 25, 2009 by Jeffrey Segal, MD, JD

When it first started, most thought it was a joke, a hoax or a fluke. Could someone seriously be demanding a refund because they didn’t like the way their dental work turned out? Never underestimate the power of greed and ignorance. Some patients have attorneys trying to get them refunds for dental work now. If you don’t think this is preposterous, you may want to have a closer look.

To be fair, let’s put this into neutral ground. Say you’re a mechanic. The client brings in their vehicle wanting new tires, and asks you to check out a “clunking” sound heard in the front end when cornering. You find the problem, change out the part, install their tires, balance it, and send them on their way. Then, weeks or months later, you get a letter from their attorney. They’re saying they don’t like the way their car looks with the new tires, so they want you to refund the money paid — all of it. Does that seem fair or make sense to you?

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